c./ 


(Report, 
Conf  Pam  12mo  #130 


RESOLUTION  OF  CONGRESS. 

Resolved,  That  three  hundred  copies  of  the  Reports  of  the 
Commissioner  of  Patents  be  printed,  to  be  paid  for  out  of 
the  Patent  Fund,  fifty  of  which  shall  be  retained  in  the  office 
of  the  Commissioner  of  Patents,  one  hundred  to  be  distribu- 
ted to  the  present  Congress,  and  one  hundred  and  fifty  to 
the  Congress  under  the  Permanent  Constitution. 


Digitized  by  the  Internet  Archive 
in  2011  with  funding  from 
Duke  University  Libraries 


http://www.archive.org/details/reportjanuary18600conf 


CONFEDERATE  STATES  PATENT  OFFICE;  > 
Richmond,  January,  1862.      ) 

Sir: 

In  obedience  tothe  requirements  of  the  Act  ''To  establish; 
a  Patent  Office,"  &c.,  approved  May  21st,  1861,  I  have  the- 
honor  to  lay  before  Congress  the  annexed  list  of  the  Patents 
that  have  issued  from  this  office,  prior  to  the  1st  instant,  so. 
classified  as  to  designate  under  proper  heads  the  subjects  to 
which  they  relate.  Appended  also,  is  an  alphabetical  list  of 
the  patentees  with  their  places  of  residence. 

The  condition  of  the  office  at  the  close  of  the  past  year, 
as  well  as  its  operations  from  the  date  of  its  establishment, 
up  to  that  time,  will  be  explained  by  the  following  tables : 

Number  of  applications  for  patents 304 

"        "       caveats 110 

"        "     patents  issued 57 

"        "     of  United  States  Patents  and  assign- 
ments thereof,  recorded 112 

Amount  of  fees  received $9,000  90 

Amount  of  expenditures 6, 1 88  28 

Excess  of  receipts  over  expenditures. $2,812  62 

Statement  No.  1 

Monies  received  by  the  Patent  Office,  from  May  22d,  18G1,. 

to  December  31st,  1861,  inclusive  : 

On  applications  for  patents $5^209  00:- 

On  account  of  United  States  Patents  and  as- 
signments   2,875  73 

On  account  of  caveats 798  84 

For  excess  of  fees  paid 77  50 

For  recording  Confederate  States  assignments 

.     and  for  copies  of  papers 24'  08: 

Miscellaneous  postage 15  75 

$9,000  90  ■ 


Statement  No.  2, 

Expenditures  from  the  Patent  Fund,  from  May  23nd,  1861, 
to  December  31st,  1861,  inclusive: 

For  salaries $4,788  34 

Temporary  clerks 1 1 9  72 

Books  for  library 94  00 

Excess  of  fees  refunded 40  00 

Contingent  expenses  : 

Stationery $375  00 

For  furniture 309  75 

For  printing 236  52 

For  postage 146  95 

For  seal  of  office 78  00 

1,146  22 

$6,188  28 

The  Patents  issued,  were  distributed  among  the  several 
States,  as  follows : 

To  citizens  of  Virginia 15 

"         "       **  Georgia 9 

•"  "        ''   Alabama 7 

^■^         '<       ''    Louisiana 6 

"  "        "  North  Carolina 5 

<«  ''       ''   South  Carolina 4 

"         '^^       '^  Mississippi 4 

*'         •"       **  Tennessee 3 

a         a       **  Arkansas 2 

'^  '<■       "Florida 1 

<«  "       <^  Texas 1 

Of  the  patents  that  have  been  allowed,  eighteen  or  nearly 
one-third  of  the  whole  number,  cover  improvements  in  fire 
arms,  or  other  destructive  implements  of  w^ar,  a  fact  which 
strikingly  illustrates  .the  disposition  of  inventors,  considered 
as  a  distinct  class  of  citizens,  to  contribute  each  his  oflfcr- 
:ing  in  furtherance  aiid  support  of  the  great  cause  of  civil 
liberty,  whose  defence  and  vindication  Providence  has  as- 
signed to  the  people  of  the  Confederate  States. 

It  would  be  invidious  and  improper  for  me  to  attempt  to 
discriminate  between  these  improvements,  by  selecting  from 
among  them  particular  cases  for  favorable  criticism  and  com- 
ment. But  with  the  view  of  showing  that  some  of  them  have 
decided  merit,  I  may  with  propriety,  point  to  the  fact  that 


thej  have  been  adopted  by  the  Government,  for  use  against 
the  enemy,  after  trial,  in  preference  to  inventions  of  a  simi- 
lar character,  which,  originating  in  foreign  countries,  have 
received  there  the  highest  approval  of  scientific  and  military 
men. 

Among  the  pending  and  the  rejected  cases,  the  same,  or 
very  nearly  the  same,  proportion  prevails  with  respect  to 
the  subjects  presented  by  them  to  the  consideration  of  the 
office.  And  it  is  among  the  rejected  applications  especially 
that  there  is  found  the  strongest  evidence  of  the  stimulating 
effect  which  the  combined  influence  of  the  revolution  in  which 
we  are  engaged,  and  the  yearning  behests  of  patriotism  in 
the  Southern;  heart,  has  produced  upon  the  Southern  mind 
within  the  sphere,  at  least,  of  the  operations  and  observations 
of  the  Patent  Office.  Conclusions  which  the  al)lcst  scientific 
men  of  the  world  have  toiled  for  years  to  attain  hx  regard  to 
certain  classes  of  inventions  have  been  reached  by  Southern 
men  as  by  a  single  intuitive  perception,  or  bound  of  the 
mind,  under  the  powerful  incentive  which  an  earnest  desire 
to  aid  the  common  cause  has  awakened.  Nor  is  this  praise- 
worthy desire  confined  to  citizens  of  any  particular  profes- 
sion or  pursuit.  It  prevails  every  where — in  the  army,  in 
the  workshops  and  in  the  closet.  Inventions,  having  the 
one  grand  object  of  aiding  the  country  to  withstand  the  at- 
tacks of  its  enemy,  or  to  strike  damaging  blows  in  return, 
have  come  up  to  the  Patent  Office  from  ministers  of  thC' 
gospel,  from  professors  in  colleges,  and  from  officers  and 
private  soldiers  in  active  service  in  the  field,  it  might  be, 
almost  in  the  very  presence  of  the  enemy.  A  village  school- 
master in  the  State  of  Arkansas,  presenting  his  contribu- 
tion, has  received  a  patent  for  an  instrument  for  measuring 
distances  without  the  use  of  logarithms  or  other  difficult 
process  of  calculation,  which,  if  it  but  fulfil  the  expecta- 
tions of  the  inventor,  is  likely  to  be  of  immediate  practical 
value  in  the  adjustment  of  artillery  to  diff*erent  ranges, 
whether  in  fixed  batteries  or  in  service  in  the  field.  I  am 
informed  that  the  instrument  in  question  is  soon  to  be  tested 
with  guns  at  Nashville,  and  there  are  strong  grounds  for  be- 
lieving it  will  prove  a  complete  success. 

As  might  be  expected  from  the  character  and  pursuits  of 
our  people,  a  considerable  proportion  of  the  mechanical  im- 
provements, for  which  patents  are  sought,  relate  to  agricul- 
tural implements.  Among  the  patents  that  have  been 
granted,  nine  are  for  improvements  of  this  description. 


In  tlie  examinations  of  applications  for  patents,  the  office 
labors  under  serious  disadvantages  for  the  ^vant  of  books  of 
reference,  and  I  do  not  perceive  any  immediate  prospect  of 
remedying  the  difficulty.  There  is  not  a  polytechnic  jour- 
nal for  sale  at  Richmond,  and  the  supply  of  other  books  of 
the  kind  required  by  the  office  is  exceedinprly  limited.  I  have 
only  been  able  to  procure  a  few  cyclopiedias  of  art  and  sci- 
ence, and  some  treatises  upon  the  subject  matter  of  patents, 
and  though  I  am  extending  my  encjuiries  beyond  llichmond, 
I  have  no  very  sanguine  hope  of  adding  greatly  to  the  library 
for  some  time  to  come.  Mindful  of  the  maxim  "  that  it  is 
better  to  err  on  the  safe  side,"  I  have,  from  the  day  the 
office  was  organized,  acted  upon  the  principle  of  giving  the 
benefit  of  all  doubt  to  the  applicant.  In  all  cases,  therefore, 
in  which  the  office  could  not  point  to  the  evidence  of  a  want 
of  novelty  in  the  subject  on  which  an  application  was  based, 
however  strong  the  doubt  entertained  whether  that  sulject 
were  really  new,  the  rule  has  been  to  let  a  patent  go  out. 
This  policy,  which,  I  trust,  meets  the  approval  of  Congress, 
in  connection  with  the  want,  to  which  I  have  adverted,  of 
proper  books  of  reference  must  unavoidably  result  in  the 
occasional  issue  of  a  patent  which  ultimately  the  courts  will 
be  called  upon  to  set  aside.  The  power  with  which  the 
courts  are  clothed  of  declaring  letters  patent  to  be  void  that 
have  been  on  any  account  improperly  granted,  relieves  the 
policy  I  have  thought  it  my  duty  to  adopt,  as  above  stated, 
it  will  be  perceived^  of  every  possible  objection,  and  secures 
to  the  people  the  reclamation  of  any  rights  which  might 
seem  to  be  temporarily  AvithdraAvn  from  them.  A  less  liberal 
line  of  action  might  work  irreparable  injury  to  individuals 
without  any  compensating  good  to  the  public. 

It  will  be  observed  that  one  hundred  and  twelve  United 
States  patents  only  have  been  '' continued  in  force"  up  to 
the  1st  instant.  A  portion  of  these  have  been  *' continued 
in  force"  by  assignees  for  a  specified  portion  of  territory 
only,  leaving  still  to  the  public  the  full  use  and  enjoyment 
of  the  inventions  covered  by  them  outside  the  limits  of  the 
specified  portion  of  territory  embraced  by  the  deeds  of  assign- 
ment. From  the  lights  before  me,  it  may  be  safely  estimated 
*that  there  are  at  least  three  thousand  United  States  patents 
belonging  in  whole,  or  in  part,  to  citizens  of  the  Confederate 
States.  That  not  more  than  one  hundred  and  twelve  have 
been  ''  continued  in  force  "  by  a  compliance  with  the  provi- 
Ksions  of  the   statute,  is  chieflj  to  be  ascribed,  it  is  believed, 


to  the  ignorance  of  the  holders  of  them  of  the  requirements 
of  the  law.  The  extension  of  the  time  within  which  such 
patents  may  be  recorded,  with  a  view  to  revival,  secures  to 
many  citizens  valuable  rights  which  otherwise  would  have 
been  lost,  and  it  cannot  but  command  the  gratitude  of  all 
concerned. 

The  considerable  excess  of  receipts  over  the  expenditures, 
up  to  the  period  to  which  this  report  extends,  and  which  has 
resulted  in  placing  a  surplus  of  $2,812  62,  in  the  Treasury 
to  the  credit  of  the  Patent  fund,  sufficiently  demonstrates 
that  the  Office  is  most  prosperous  in  its  financial  department, 
and  that  it  is  entirely  self-sustaining.  It  may  be  remarked 
however,  that  looking  to  the  possible  refusal  or  failure  on  the 
part  of  Congress  to  extend  the  limitation  in  relation  to  the 
recording  of  the  United  States  patents,  and  to  the  conse- 
quent total  cessation  of  receipts  from  that  source,  I  have 
thought  it  the  part  of  wisdom,  to  administer  the  Office  with 
as  small  a  clerical  force  as  was  possible,  without  unduly  de- 
laying its  current  business.  I  desired,  in  a  word,  to  accu- 
mulate a  surplus  fund,  to  enable  the  Office  to  live  in  such 
contingency,  until  a  changed  condition  of  the  country,  from 
a  state  of  war  to  one  of  peace,  the  receipts  from  applicants 
for  patents  and  caveators  might  reasonably  be  expected 
alone  to  be  sufficient  to  pay  its  expenses,  with  a  full  working 
force  of  examiners  and  clerks.  The  policy  has  borne  some- 
what hardly  upon  the  employees  in  the  office ;  but  it  gives 
me  pleasure  to  testify  in  their  behalf,  that  nothing  could  ex- 
ceed the  cordial  zeal  and  good  will,  with  Avhich  every  one  of 
them  has  responded  to  my  wishes  in  this  particular,  despite 
the  excessive  labor,  thus  imposed  upon  them,  by  a  faithful 
and  unremitting  attention  to  their  respective  duties.  In  this 
connection,  I  beg  leave  respectfully  to  ask  that  the  salary, 
as  now  fixed  for  ''  recording  clerks,"  be  increased  to  twelve 
hundred  dollars  per  annum.  The  very  high  prices  charged 
for  almost  every  article  of  personal  comfort,  as  well  as  for 
the  absolute  necessaries  of  life  at  this  place,  make  one  thou- 
sand dollars  a  year,  too  little  to  do  more  than  barely  sup- 
port a  man  of  family,  and  besides  the  pecuniary  condition  of 
the  office,  justifies  the  increase  of  pay  to  the  extent  I  have 
suggested. 

The  Act  of  May  21st,  1861,  is,  to  a  very  great  extent,  a 
mere  transcript  of  several  United  States  statutes  in  relation 
to  patents,  and  the  United  States  Patent  Office  and  some  of 
its  provisions  are  inapplicable  to  this  Office,  or  impossible  of 


8^ 

fulfilment.  Tlie  Act  might  indeed  bo  remodelled  tliroughout, 
and  many  of  its  present  provisions  left  out  with  propriety; 
but,  inasmuch  as  I  do  not  perceive  any  immediate  chance 
that  evil  is  likely  to  arise  out  of  its  objectionable  features,  I 
have  deemed  it  right  to  refrain  alike  from  an  enumeration  of 
them,  and  from  suggestions  looking  to  their  amendment. 

In  view  too  of  the  exactions  of  the  important  duties  of  a 
more  general  and  public  nature,  which  doubtless  now  press 
upon  Congress,  and  of  the  rapid  approach  of  the  close  of  its 
session,  the  subject  may  need  be  deferred  to  a  future  day. 

The  whole  of  the  third  story  of  the  building  known,  I 
believe,  as  the  '*  Mechanic's  Institute,"  has  been  assigned 
to  the  Patent  Office,  and  in  the  large  hall  which  occupies  four- 
fifths  of  its  space,  cabinets  with  glass  doors  have  been  con- 
veniently arranged  for  the  exhibition  of  patented  models, 
and  are  free  to  inspection  by  all  who  desire  to  see  them. 
The  collection  of  models  is  yet  small,  and  covers  but  little 
space,  but  there  are  still  enough,  I  may  be  permitted  to  say, 
to  show  that  the  Southern  people  possess  inventive  genius  in 
an  abundant  measure,  and  that  it  needed  but  an  occasion 
like  that  which  is  upon  us,  to  give  to  it  an  active  vitality  and 
expression,  which,  beneficial  in  a  large  degree  to  the  living 
present,  cannot  fail  to  be  fruitful  of  magnificent  results  to 
coming  generations. 

RUFUS  R.  RHODES, 

Commissioner  of  Patents. 

To  the  President  of  the  Confederate  States  Conorress. 


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